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Deepak Kantilal Desai & Others v/s Shruti Mihir Shah & Others


Company & Directors' Information:- M KANTILAL AND COMPANY LIMITED [Active] CIN = U36911MH1992PLC069027

Company & Directors' Information:- R J SHAH AND COMPANY LIMITED [Active] CIN = L45202MH1957PLC010986

Company & Directors' Information:- SHAH INDIA PVT LTD [Active] CIN = U51909WB1960PTC024535

Company & Directors' Information:- SHRUTI LTD [Active] CIN = U26941WB1963PLC025747

Company & Directors' Information:- B. B. SHAH PRIVATE LIMITED [Active] CIN = U17117RJ1984PTC002922

Company & Directors' Information:- D M SHAH & COMPANY PVT LTD [Active] CIN = U29244WB1988PTC045183

Company & Directors' Information:- S KANTILAL AND COMPANY PRIVATE LIMITED [Active] CIN = U13209GA1969PTC000092

Company & Directors' Information:- C. M. SHAH AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U74140MH1971PTC015107

Company & Directors' Information:- T M SHAH PRIVATE LIMITED [Strike Off] CIN = U10101UP1966PTC003139

Company & Directors' Information:- S B SHAH AND COMPANY PRIVATE LIMITED [Active] CIN = U51496DL1991PTC045040

Company & Directors' Information:- H B SHAH PRIVATE LIMITED [Active] CIN = U36100MH1947PTC005536

Company & Directors' Information:- M M SHAH PRIVATE LIMITED [Strike Off] CIN = U51311MH1962PTC012293

Company & Directors' Information:- D J SHAH AND CO PRIVATE LIMITED [Active] CIN = U74899DL1987PTC030169

Company & Directors' Information:- DEEPAK INDIA PRIVATE LIMITED [Active] CIN = U24231RJ2000PTC016781

Company & Directors' Information:- DESAI R AND C PRIVATE LIMITED [Strike Off] CIN = U74140GJ2000PTC037395

Company & Directors' Information:- C C SHAH LTD. [Strike Off] CIN = U15421WB2000PLC007659

Company & Directors' Information:- A H SHAH AND CO PVT LTD [Active] CIN = U51311MH1949PTC007019

Company & Directors' Information:- SHAH AND SHAH PVT LTD [Strike Off] CIN = U33112WB1980PTC032838

Company & Directors' Information:- A D SHAH PVT LTD [Strike Off] CIN = U51909MH1972PTC015715

Company & Directors' Information:- DESAI (INDIA) PRIVATE LIMITED [Strike Off] CIN = U63090MH1960PTC011789

Company & Directors' Information:- DEEPAK PVT. LTD. [Strike Off] CIN = U51109UP1951PTC001208

Company & Directors' Information:- KANTILAL LIMITED [Dissolved] CIN = U99999MH1937PTC002612

Company & Directors' Information:- G. DESAI AND COMPANY LIMITED [Dissolved] CIN = U99999MH1947PLC005965

Company & Directors' Information:- SHAH AND DESAI AND CO. LTD. [Dissolved] CIN = U99999MH1948PLC006419

Company & Directors' Information:- DESAI LTD. [Dissolved] CIN = U99999MH1948PLC006433

Company & Directors' Information:- DESAI AND COMPANY LIMITED [Dissolved] CIN = U99999MH1949PLC007486

Company & Directors' Information:- B. SHAH AND COMPANY LIMITED [Dissolved] CIN = U99999MH1952PLC008789

    Criminal Writ Petition No. 4732 of 2018

    Decided On, 18 March 2019

    At, High Court of Judicature at Bombay

    By, THE HONOURABLE MR. JUSTICE MRIDULA BHATKAR

    For the Petitioners: Subodh Desai i/b A.S. Sawant, Advocates. For the Respondents: R1, Satyavrat Joshi, R2 & R3, Ms. Prabha Badadare, Advocates, Ms. Veera Shinde, APP.



Judgment Text


Mridula Bhatkar, J.

1. Pursuant to the order passed by this Court on 1.11.2018 and also on 12.2.2019, the matter is fixed today for hearing, where the order dated 13.6.2018 passed by the learned Chief Judicial Magistrate, Pune against the applicants/accused in the proceedings under Protection of Women from Domestic Violence Act, is challenged.

2. The learned Counsel for the respondents in the beginning took objection to the maintainability of this Writ Petition as an alternate remedy is available under Section 29 of the Protection of Women from Domestic Violence Act. The learned Counsel for the petitioners has submitted that the petitioners have approached this Court under writ jurisdiction because there is an abuse of process of law.

3. The objection raised by the learned Counsel for the respondents about the maintainability of the Writ Petition is valid in view of Section 29 of the Protection of Women from Domestic Violence Act which provides appeal against orders passed under the said Act. So, the appeal lies before the Sessions Court.

4. These proceedings under the said Act are filed by the daughter against her father, mother, brother and uncles. She claims the property to be an ancestral property and hence, claims right in the said property and also claims protection under the Protection of Women from Domestic Violence Act, as the house which she is occupying is a shared household. In the order dated 1.11.2018, this Court allowed petitioner No. 1 Deepak Kantilal Desai, the father, to operate HDFC Savings Bank account No. 50100226795121 and allowed to withdraw 50% of the amount.

5. The learned Counsel for the respondent No. 1, on instructions from the respondent No. 1/the original complainant, who is present in the Court, submits that the same restrictions are to be continued as it is mentioned in Clause 2 of the operative portion of the order passed by the learned Chief Judicial Magistrate, Pune.

6. Considering the submissions and the facts of the case and the order passed therein, I relax the said condition of restricting the petitioner No. 1 to withdraw only 50% of the amount from the said account but he is allowed to operate the said HDFC Savings Bank Account No. 50100226795121. Accordingly, I pass the following order:

(i) The petitioner may file appeal before the Sessions Court challenging the impugned order;

(ii) The delay in filing the appeal is condoned;

(iii) If the appeal is filed and if any i

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nterim application is moved in the said appeal, the learned Sessions Judge to decide the same within 45 days thereafter; (iv) The rights and contentions of the parties are kept open. 7. Writ Petition is disposed of accordingly. Ordered accordingly.
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